Rheem Manufacturing Co. v. Phelps Heating & Air Conditioning, Inc.

OPINION

BROOK, Judge

Case Summary

Appellant-defendant Rheem Manufacturing Company (“Rheem”) appeals from the trial court’s partial denial of its motion for summary judgment. Specifically, Rheem appeals the trial court’s determination that there are genuine issues of material fact as to whether an exclusive remedy in the sales contract between Rheem and appellee-plain-tiff Phelps Heating and Cooling, Inc. (“Phelps”) failed of its essential purpose; as to whether a third party, Federated Supply Corp. (“Federated”), acted as an agent of Rheem; and as to whether implied warranties may have arisen…